C.G.S. § 53a-92 — Kidnapping in the First Degree

What This Charge Means

“Kidnapping in the First Degree” is one of Connecticut’s most serious crimes. It applies when someone abducts another person and does so for certain wrongful purposes (like to injure, terrorize, commit another felony, or when the person abducted is under 16). This is a Class A felony, carrying extremely significant prison exposure and life-altering consequences.

Elements the State Must Prove

To convict under § 53a-92, the State must prove beyond a reasonable doubt that you abducted another person and one of the following was true:

• You intended to inflict physical injury or sexually abuse the person; or
• You intended to accomplish or advance the commission of a felony (or to facilitate flight thereafter); or
• You intended to terrorize the person or a third person; or
• The person abducted was under sixteen years of age; or
• You intended to interfere with the performance of a governmental or political function.

Key Definitions (From the Kidnapping Chapter):

• “Abduct” means to restrain a person with intent to prevent liberation by either secreting/holding them in a place where they are not likely to be found or by using or threatening force or intimidation.
• “Restrain” means to restrict movement substantially, either by moving the person from one place to another or confining them, without consent.

Penalties

• Class A felony. Possible sentence: 10 to 25 years in prison, up to $20,000 in fines, and probation after release.
• Protective orders and strict no-contact conditions are common while a case is pending.
• Sex-offender registration is possible if the offense was committed with a sexual-abuse intent finding.
• Collateral consequences include loss of firearm rights, immigration consequences for non-citizens, and severe employment/licensing impacts.

Defense Strategies

Every case is fact-specific, but common approaches include:

• No “abduction” as defined by law: The State cannot prove restraint plus intent to prevent liberation by secrecy or force/threats.
• Consent / lack of restraint: The complainant went voluntarily, or any restriction was momentary and not substantial.
• Incidental-restraint doctrine: Any restraint was merely incidental to another offense (e.g., a brief struggle during an assault) and does not rise to kidnapping.
• Mistaken identity / credibility issues: Inconsistencies between statements, 911 audio, body-cam, texts, location data, and medical records.
• Overcharge in family/custody contexts: Facts better fit Custodial Interference or Unlawful Restraint, not kidnapping.
• Suppression of evidence: Unlawful stops, arrests, searches (phones, vehicles, homes), or defective warrants.

Programs & Alternatives (Avoiding a Conviction)

• Accelerated Rehabilitation (AR): Not available for kidnapping in the first degree.
• Family Violence Education Program (FVEP) and other misdemeanors-only programs: Not applicable.
• Paths to resolution typically include:
  • Dismissal on legal/factual grounds;
  • Not guilty verdict at trial;
  • Negotiated reduction to lesser offenses (e.g., Kidnapping 2nd, Unlawful Restraint, Custodial Interference) with more manageable penalties.

Common Real-World Scenarios

• A domestic dispute where one person alleges being forced into a room or vehicle and prevented from leaving.
• A robbery/assault where the complainant is briefly moved or confined and police charge kidnapping on top of the underlying offense.
• A family or custody conflict involving transportation of a minor without the other guardian’s consent.

Related Offenses

• § 53a-92a — Kidnapping in the First Degree with a Firearm
• § 53a-94 / § 53a-94a — Kidnapping in the Second Degree / with a Firearm
• § 53a-95 / § 53a-96 — Unlawful Restraint (First / Second Degree)
• § 53a-97 / § 53a-98 — Custodial Interference (First / Second Degree)
• § 53a-61, § 53a-60 — Assault offenses (often charged alongside or as alternatives)

Frequently Asked QuestionsIs Minimal Movement Enough For Kidnapping?

Sometimes. The State must prove abduction as defined by law. Brief, incidental restraint tied to another crime may not satisfy kidnapping.

Does It Matter if the Person Eventually Went Along?

If the State can prove the initial restraint was without consent (e.g., by force, intimidation, or deception), later cooperation may not defeat the charge.

What if the Case Involves My Own Child?

Parents can still face serious charges in extreme situations. However, many intra-family situations are more appropriately addressed as Custodial Interference rather than kidnapping.

Is There Any Diversion Program for This Charge?

No. Kidnapping 1st is not eligible for AR or similar diversionary programs.

How Is This Different From Unlawful Restraint?

Kidnapping requires abduction (restraint plus intent to prevent liberation by secrecy or force/threats) and one of the listed purposes; Unlawful Restraint generally involves restraint without those additional elements.

Will I Have to Register as a Sex Offender?

Registration can be ordered if the court finds the kidnapping was committed with intent to sexually violate or abuse.

Call Attorney Allan F. Friedman

Kidnapping charges demand immediate, strategic action. I’ll scrutinize the evidence, challenge the “abduction” element, and fight to reduce or dismiss the case wherever possible.

Call (203) 357-5555 for a confidential consultation.

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